IHC issues notices to respondents in ECP appointment case

Petitioners counsel claims induction of two new members was made in violation of law


​ Our Correspondent October 03, 2019
COURTESY: IHC WEBSITE

ISLAMABAD: The Islamabad High Court (IHC) Thursday served notices to respondents on a petition filed by Pakistan Muslim League Nawaz (PML-N’s) leaders challenging the appointment of two new members of Election Commission of Pakistan (ECP).

IHC Chief Justice Athar Minallah heard the case filed by PML-N’s Murtaza Javed Abbasi and Dr Nisar Cheema against the appointment of Khalid Mehmood Siddiqui and Munir Ahmed Khan.

Khalid Mehmood Siddiqui had been appointed from Sindh and Munir Ahmed Khan Kakar had been appointed as a member from Balochistan.

The ECP members from Sindh and Balochistan — Abdul Ghaffar Soomro and retired Justice Shakeel Baloch — had retired in January and, under the law, the positions were to be filled within 45 days.

The petitioners counsel Jahangir Jadoon claimed that the appointment was made in violation of law. He stated that legal procedure had not been followed in the practice.

He prayed to the court to set aside the notification dated August 22 for the appointment of new members and declare it as null and void.

The IHC chief justice asked the petitioners whether the two names were discussed in parliamentary committee.

The counsel replied it was discussed in the meeting but had not been recommended for the appointment.

According to the petition, President Dr Arif Alvi invoked his discretionary powers to appoint both the members, while bypassing mandatory consultation of the premier and leader of the opposition in the National Assembly.

The petitioner cited secretary to the president, principal secretary to the prime minister, Chief Election Commissioner, ministry for law and justice and both the member-designate as respondents.

The court sought reply from respondents and adjourned hearing of the case till October 11.

Meanwhile, IHC issued notices to Station House Officer (SHO) Ramna, investigation officer, assistant commissioner and judicial magistrate for appearance in a plea filed by former prime minister's special assistant Irfan Siddiqui.

The petition was heard by Justice Amir Farooq.

Siddiqui had filed the petition in IHC for withdrawal of first information report (FIR) registered against him under tenancy law in which he was arrested and later released on bail.

At the outset of the hearing, counsel for Siddiqui contended that false and baseless FIR was registered against his client to malign him.

He prayed to the court that till the final disposal of the instant petition, operation of the impugned FIR or any other proceedings may be suspended.

He stated that his client was conferred with Hilal-i-Imtiaz by the government in recognition of his journalistic and educational services.

He said that the house for which the case was registered against Siddiqui was not his property.

The court issued notices to SHO, investigation officer, district magistrate and assistant commissioner and adjourned the hearing till October 22.

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